Legal Question in Immigration Law in Wisconsin

Tourist VISA for my Polish Wife

I recently got out of the military and my wife and I are trying to start an Immigration VISA so she can come live in the states. We have not been together for 5 months now. If we apply for a Tourist VISA so she can come for 3 months to visit will it get approved or denied. Someone told me it would get denied because they would assume she would just claim asylum when she got here. That is not the case we just want to be together while her other Application is started.

So what are our chances? What can we do?


Asked on 8/20/08, 9:33 pm

1 Answer from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: Tourist VISA for my Polish Wife

You did not say what country she is in, but I presume if the word "asylum" is in your answer, she must be from a country from which she may claim past persecution or future persecution. But let's hold off on that for the moment. First of all, if you are marrried, please DO NOT FILE FOR A TOURIST VISA!!!! It has nothing to do with asylum -- it has to do with the fact that if she applies for one, she MUST return to her country when her stay expires. You must file a petitio on her behalf instead. Once that is filed properly, then you can request her travel to the U.S. pending the approval of your petition. Now, I do not advise anyone to file documents with the government without the aid of counsel. The reason for this is because every petition, or application, that you file with the government initiates a LEGAL PROCESS. If you don't know what you are doing, you will have problems. If you have one problem, then you can betcha that the government will find others. (Noone knows this but the government is paid to find PROBLEMS -- lawyers are paid to FIX the problems created by the government!) Anyway, young man, if you have had military service, and honorably discharged, or still in the service, a good lawyer would have no problem getting your wife here provided all conditions are met for the approval of the visa. I am a federal lawyer and can practice in any state, so if you need further assistance, please do not hesitate to contact my office and set up a phone consultation. Good luck!

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Answered on 8/21/08, 10:51 am


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